State of New South Wales v Barlow (Preliminary) [2022] NSWSC 569

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Barlow (Preliminary) [2022] NSWSC 569 Hearing dates: 13 April 2022 Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act): (a) I appoint two qualified psychiatrists or psychologists (or combination of such persons) to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and (b) I direct the defendant to attend those examinations. (2) Pursuant to s 10A of the Act, the defendant be subject to an interim supervision order from 19 May 2022 ("the interim supervision order"); (3) Pursuant to s 10C(1) of the Act, the interim supervision order be for a period of 28 days; (4) Pursuant to s 11 of the Act, I direct that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule to this judgment; and (5) I order that access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDERS — Interim supervision orders — Conditions — Test for imposition — Unacceptable risk of committing a serious offence — Relevance of conditions to risk Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: New South Wales v Ley Thomas Baker (No 2) [2015] NSWSC 483 State of New South Wales v Ali [2010] NSWSC 1045 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Holschier (No 2) [2018] NSWSC 1921 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Wilmot (Preliminary) [2019] NSWSC 776 Wilde v State of New South Wales [2015] NSWCA 28; [2015] 249 A Crim R 65 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Charles Cameron Barlow (Defendant) Representation: Counsel: K Curry (Plaintiff) J Wilcox (Defendant)